Court affirms legality of invoking Gangster Act based on solitary criminal act, emphasizing procedural compliance with Gangster Rules, 2021.
In a significant ruling, the Allahabad High Court has dismissed an application by Smt. Jyoti Suri seeking to quash proceedings initiated under the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986. The court, presided by Justice Vivek Kumar Singh, upheld the legality of invoking the Gangster Act against the applicant based on a single case, aligning with the precedent set by the Supreme Court in Shraddha Gupta v. State of Uttar Pradesh.
The petitioner, Smt. Jyoti Suri, was implicated in Case Crime No. 502 of 2024, registered under Sections 2/3 of the Gangster Act at Sihani Gate Police Station, Ghaziabad. The controversy stemmed from the inclusion of her name in a gang chart prepared on September 21, 2024, citing her involvement in a solitary crime. Suri's legal counsel argued that a single case could not justify the invocation of the Gangster Act, alleging procedural violations of the Gangster Rules, 2021.
Countering these claims, the State's counsel highlighted that the gang chart was meticulously prepared following a joint meeting and thorough discussion among competent authorities, ensuring adherence to Rule 5(3) of the Gangster Rules. The court observed that the gang chart's preparation was consistent with Rule 22, which permits invoking the Gangster Act even in instances of a single crime, as reiterated by the Supreme Court.
Justice Singh further noted that the procedural obligations under Rules 8, 10, 16, and 17 of the Gangster Rules, 2021 were scrupulously followed. He emphasized that the charge sheet attached to the gang chart, prepared by the investigating officer, sufficed for procedural compliance, negating the necessity for a certified copy from the court at the initial stage.
The judgment referenced several precedents, including the Division Bench's decision in Ambuj Parag Dubey, which elucidated the procedural framework for approving gang charts. The court reiterated the principle that the satisfaction of competent authorities, based on available materials, is pivotal in determining the applicability of the Gangster Act.
This ruling underscores the judiciary's commitment to ensuring procedural integrity while acknowledging the legislative intent behind the Gangster Act - to effectively curb organized crime and anti-social activities. The dismissal of Smt. Jyoti Suri's application reaffirms the court's stance on the sufficiency of a single act in invoking the Gangster Act, provided procedural mandates are meticulously observed.
Bottom Line:
Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 - Gangster Act can be invoked even on the basis of a solitary case, as per Rule 22 of the Gangster Rules, 2021 and affirmed by the Hon'ble Supreme Court in Shraddha Gupta v. The State of Uttar Pradesh, 2022 SCC Online SC 514.
Statutory provision(s):
Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986, Gangster Rules, 2021, Rule 22, Rule 5(3), Rule 8(2), Rule 10, Rule 16, Rule 17.
Smt. Jyoti Suri v. State of U.P., (Allahabad) : Law Finder Doc id # 2849565
